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DIVISION of WILDLIFE PROCEDURE ENVIRONMENTAL WINDOWS WAIVER CRITERIA Guidance Relative to Granting In-Water Work Restriction Waivers

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DIVISION of WILDLIFE PROCEDURE ENVIRONMENTAL WINDOWS WAIVER CRITERIA Guidance Relative to Granting In-Water Work Restriction Waivers DIVISION OF WILDLIFE PROCEDURE ENVIRONMENTAL WINDOWS WAIVER CRITERIA Guidance Relative to Granting In-water Work Restriction Waivers On the recommendation of the Ohio Department of Natural Resources, Division of Wildlife (DOW), the U.S. Army Corps of Engineers (USACE) and Ohio Environmental Protection Agency (OEPA) often includes conditions on their permits restricting in-water work during certain dates in specific areas. These restrictions reduce potential impacts the in-water work may have on indigenous aquatic species in the area. When a permit holder requests a waiver from this condition (Table 1), the USACE generally requests comments from the DOW. This Policy is provided to facilitate consistency and develop standardized guidance for processing waiver requests for permit conditions regarding in-water work. When a waiver request is received through the USACE project manager, DOW staff reviews the project and completes the Potential Impact and BMP Credit Score Calculation Form (Table 2). The resulting score determines if the permit holder is qualified for consideration of a waiver. The DOW will consider and review the application for a waiver using the best information available: including a standardized assessment of potential impacts and Best Management Practices (BMP’s) that are being employed to minimize sediment resuspension or other impacts to the area. A waiver is not guaranteed and decisions are made on a case-by-case basis. If granted, the waiver will be based on conditions to be carried out by the permit holder. Waivers are only granted for specific dates and will not be granted for requests of blanket waivers that cover broad time frames. Waivers are only granted within a one-year timeframe, and previous waivers do not guarantee future waivers. Guidelines for Completing the Potential Impact and BMP Credit Score Matrix When a permit holder requests the USACE to waive or revise the in-water work condition of their permit, as specified in Table 1, the USACE project manager should submit a written request for a waiver from the applicant to the Environmental Coordinator for the DOW. The Environmental Coordinator will send the request and project information to the appropriate Fish Management staff for review. A Fish Management staff member will complete the scoring form (Table 2) and make the final determination on whether to recommend granting the waiver, any conditions of the waiver, and the dates of the waiver. Applicants should include the following information in the waiver request: • Name • Today’s Date • Permit Holder • US Army Corps of Engineers Project ID# • Name of U.S. Army Corps of Engineers Contact Person • County • Waterbody • Why the work cannot be completed during the open environmental window • Current Restricted Period listed in Permit • In-Water Work Dates Requested (Approximate dates work will be started and completed) • Indicate if a waiver has been requested for this permit in previous years, and if so, indicate when and why, and whether the waiver was granted • Submit a map showing the location of the project/streams that are proposed to be impacted, and the project area • Project activity description/type of work (e.g. dredging, stream crossing etc.) • List and describe BMP’s to be used to minimize sediment resuspension or impacts including: • If dredging project, o Type of dredge, such as suction or clamshell o Total material to be removed for the project o Amount of material that remains to be removed o Location of the dredge disposal site • If stream crossing project: o Type of stream crossing such as trenchless or open trench. • BMPs to minimize sediment resuspension employed • Monitoring/work plan BMPs employed to minimize sediment resuspension • Primary purpose of the project (navigation, habitat restoration etc.) I. Scoring Criteria for Potential Impacts Scoring criteria for the potential impacts of the activity are based upon location, activity, habitat affected, BMPs, and purpose. 1. Location: Determine if the proposed activity is in one of the following systems: 1) percid (ex. walleye), 2) salmonid (ex. Steelhead), or 3) other (ex. smallmouth bass) as identified in the current Statewide In-Water Work Restrictions (Figure 1). Percid streams receive a “high” impact value of 10, salmonid streams receive a “moderate-high” impact value of 8, and “other” streams receive an impact value from “low” to “high”, based on habitat type potentially affected in the project’s scope of work. The rationale for selecting these scores is Ohio-specific and several-fold including: 1. Walleye are formally recognized by the Lake Erie Committee (LEC) of the Great Lakes Fishery Commission (GLFC) as a keystone predator. Protection and restoration of walleye spawning habitat is a DOW priority because spawning and nursery habitat is limited (not necessarily limiting the population abundance) in the system. 2. Although steelhead are identified in the GLFC-LEC Fish Community Goals and Objectives specifically associated with riverine and estuarine habitat protection and restoration, establishing a self-sustaining stock of steelhead is not a DOW priority. 3. All other streams are scored based on habitat classification and beneficial use designation as determined by the OEPA and the presence of state listed species. a. Streams where there are known records for State of Ohio Threatened or Endangered Species in the area of the project or streams with Exceptional Warmwater Habitat receive a “high” impact value of 10. b. Streams designated as Cold Water Habitat receive a score of 9. c. Streams designated as Warm Water Habitat receive a score of 8. d. Class III primary Headwater receive a score of 7. e. Streams designated as Modified Warm Water Habitat receive a score of 4. f. Unclassified Streams default to a score of 5. g. To determine the defined beneficial use designation for a stream and project segment, refer to: www.epa.state.oh.us/dsw/rules/3745_1.aspx#1use. 2. Activity: The types of activity will have varying impacts to aquatic resources, and projects are divided into dredging and non-dredging projects and if the project is small or large in scale. Dredging: • Large Scale: Dredging activities moving a total of 10,000 m3 or more of material are assigned a score of 10 because of the potential for dredging activities to affect the egg stage through smothering, physical disruption and/or entrainment; affect the larval stage through silt/physical abrasion to gills, and/or entrainment of larvae; may interfere with predator avoidance; and may affect juveniles and adults through the impact of noise on fish behavior. • Small Scale: Dredging activities moving a total of less than 10,000 m3 of material are assigned a score of 8 based on more localized project impacts. Non-Dredging: • Large Scale: Projects that affect 20 acres or more or 200 feet or more of shoreline or stream bank are assigned a score of 10 because of the potential for these activities to affect the egg, larval, and adult stages in similar ways as dredging. • Small Scale: Projects affecting less than 20 acres or less than 200 feet of shoreline or stream bank are assigned an impact score of 8, because of the potential for these activities to affect only one life stage or have relatively small-scale localized impacts on multiple life history stages. 3. Habitat Type: Determine if the proposed activity will affect spawning habitat, nursery habitat, or if it will have an impact on fisheries (e.g. interference, etc.). If the activity affects spawning habitat, then a score of 10 is assigned. Spawning habitat is defined as that habitat identified through current and historical sampling. This criterion is similar to that developed in the first criteria because each of the focus streams are identified based upon spawning stocks and locations but it also incorporates potential impacts to fisheries and nursery habitats. If the activity affects nursery habitat then a score of 8 is assigned. If the activity affects fisheries then the activity is assigned a score of 5. II. Scoring Criteria for Best Management Practices Incorporating recognized BMPs allows the permit holders to identify practices that will minimize the impacts to fishery resources. Implementing BMPs increases a permit holder’s eligibility for waiver consideration, but does not guarantee a waiver. These serve as “Credits” that are used to reduce the “Potential Impacts” score. 1. Dredging Projects: Types of mechanical dredges include conventional clamshell, closed bucket (environmental), and articulated bucket dredges. Types of hydraulic dredges include conventional cutterhead, swinging ladder cutterhead, horizontal auger, plain suction, and pneumatic dredges. Of these, the plain suction dredges were best at minimizing sediment resuspension, followed by the conventional cutterhead and swinging ladder cutterhead dredges, followed by articulated and enclosed bucket dredges, then horizontal auger and conventional clamshell dredges. Based upon dredge performance, plain suction hydraulic dredges are assigned a BMP credit score of -5, conventional cutterhead and swinging ladder cutterhead hydraulic dredges are assigned a BMP credit score of -2, closed (environmental) bucket and articulated bucked mechanical dredges are assigned a BMP credit score of -1, and horizontal auger hydraulic dredges and conventional clamshell mechanical dredges are assigned a BMP credit score of 0. 2. Stream Projects: Types of stream crossings will have varying impacts on stream habitat based on techniques used. Trenchless methods do not disturb the bed and banks of the watercourse, consequently these projects are exempt from the in-water work restriction periods (e.g., horizontal bores, horizontal punches and directional drills). Open trench cuts can be isolated from the main watercourse to prevent construction materials and sediment from entering the watercourse: A dam is placed in the stream channel to prevent the main flow of water from entering the disturbed area (crossing) within the stream channel. A pump is used to move water from the upstream side of the excavation (above the dam) to a point below the construction area, thus bypassing the crossing.
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